Study On Guiding Case Selection Mechanism

Case is the crystallization of the spirit of law in legal practice,and it is the bridge between legislation and justice.In 2010,the provisions of the Supreme People’s Court on case guidance work was issued,which marked that the case guidance officially entered the stage of standardization,and the subsequent release of guiding cases laid a preliminary foundation for the normal operation of the system.Case guidance system is based on specific cases.In the context of judicial reform,how to further improve the system and make guiding cases play a guiding role is the key to the system design.As a kind of rule creation,China’s case guidance system still has many defects,so it is particularly important to consolidate the foundation of the case guidance system.In China,the generation of guiding cases not only needs to go through specific selection procedures,but also needs to meet the required selection criteria.From the perspective of institutional construction,the case guidance system in China does not implement the naturally generated rule formation mechanism,but adopts the administrative management method,which makes people worry about losing the uniqueness of the rules it provides.The selection of guiding cases is the beginning of the whole mechanism.Whether the selection of cases is appropriate or not directly affects the function of the case guidance system.Guiding cases in China based on the selection mechanism as the core,with two big law statute law and case law as the background,present situation of the current guidance case selection mechanism,points out the guiding case selection mechanism of four aspects: the selection criteria are not clear,selection process is nonstandard,the insufficient of selection quantity,exit mechanism is unclear.The direction of the perfect case guidance system in China,not only based on the experience of the outside case instruction generation,also need to reflect on the existing security administration tendency existing in the unified guiding case selection mechanism,The following Suggestions are put forward: first,the selection criteria should be clearly defined and the standard of typified cases should bedetermined according to the judicial judgment;The second is to standardize the selection procedures,from the social recommendation procedures,case release procedures to standardize,promote the guidance of the case litigation naturally generated;Third,we should strengthen the construction of supporting mechanisms,establish a two-level coordination mechanism for guiding cases and abolish the exit mechanism,and jointly promote the development of the selection mechanism for guiding cases,so as to enhance the "guidance" of guiding cases and achieve the goal of judicial reform.